The Judicial Assessment of ‘Expert Evidence’ in the United Kingdom’s Immigration and Asylum Chamber
This paper examines the role of cultural evidence submitted by anthropologists and social scientists to assist individuals seeking asylum in the United Kingdom. Expert evidence is an essential element in the way that Immigration Judges decide asylum claims. The paper begins by looking at the role of...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
MDPI AG
2022-04-01
|
| Series: | Laws |
| Subjects: | |
| Online Access: | https://www.mdpi.com/2075-471X/11/2/32 |
| _version_ | 1797410416951820288 |
|---|---|
| author | John R. Campbell |
| author_facet | John R. Campbell |
| author_sort | John R. Campbell |
| collection | DOAJ |
| description | This paper examines the role of cultural evidence submitted by anthropologists and social scientists to assist individuals seeking asylum in the United Kingdom. Expert evidence is an essential element in the way that Immigration Judges decide asylum claims. The paper begins by looking at the role of experts and the limits of scientific evidence in the legal process. I set out the context in which expert evidence features in the First-Tier Tribunal of United Kingdom’s Immigration and Asylum Chamber (IAC). I then show how Immigration Judges in the Upper Tribunal of the IAC assess expert evidence in ‘country guidance’ cases decided between 2015 and 2019. Analysis reveals that experts submit a range of different types of evidence, that judges problematically assess this evidence and that there are serious defects in the judicial process. I conclude by suggesting ways to mediate between the very different roles, perceptions and training of experts, lawyers and judges. |
| first_indexed | 2024-03-09T04:29:38Z |
| format | Article |
| id | doaj.art-4981ebc0e93e45d38c0edf06b5fdd1d0 |
| institution | Directory Open Access Journal |
| issn | 2075-471X |
| language | English |
| last_indexed | 2024-03-09T04:29:38Z |
| publishDate | 2022-04-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Laws |
| spelling | doaj.art-4981ebc0e93e45d38c0edf06b5fdd1d02023-12-03T13:36:39ZengMDPI AGLaws2075-471X2022-04-011123210.3390/laws11020032The Judicial Assessment of ‘Expert Evidence’ in the United Kingdom’s Immigration and Asylum ChamberJohn R. Campbell0School of Oriental and African Studies, University of London, London WC1H 0XG, UKThis paper examines the role of cultural evidence submitted by anthropologists and social scientists to assist individuals seeking asylum in the United Kingdom. Expert evidence is an essential element in the way that Immigration Judges decide asylum claims. The paper begins by looking at the role of experts and the limits of scientific evidence in the legal process. I set out the context in which expert evidence features in the First-Tier Tribunal of United Kingdom’s Immigration and Asylum Chamber (IAC). I then show how Immigration Judges in the Upper Tribunal of the IAC assess expert evidence in ‘country guidance’ cases decided between 2015 and 2019. Analysis reveals that experts submit a range of different types of evidence, that judges problematically assess this evidence and that there are serious defects in the judicial process. I conclude by suggesting ways to mediate between the very different roles, perceptions and training of experts, lawyers and judges.https://www.mdpi.com/2075-471X/11/2/32expert evidenceImmigration Judgesjudicial reasoningUK Asylum and Immigration Chamber |
| spellingShingle | John R. Campbell The Judicial Assessment of ‘Expert Evidence’ in the United Kingdom’s Immigration and Asylum Chamber Laws expert evidence Immigration Judges judicial reasoning UK Asylum and Immigration Chamber |
| title | The Judicial Assessment of ‘Expert Evidence’ in the United Kingdom’s Immigration and Asylum Chamber |
| title_full | The Judicial Assessment of ‘Expert Evidence’ in the United Kingdom’s Immigration and Asylum Chamber |
| title_fullStr | The Judicial Assessment of ‘Expert Evidence’ in the United Kingdom’s Immigration and Asylum Chamber |
| title_full_unstemmed | The Judicial Assessment of ‘Expert Evidence’ in the United Kingdom’s Immigration and Asylum Chamber |
| title_short | The Judicial Assessment of ‘Expert Evidence’ in the United Kingdom’s Immigration and Asylum Chamber |
| title_sort | judicial assessment of expert evidence in the united kingdom s immigration and asylum chamber |
| topic | expert evidence Immigration Judges judicial reasoning UK Asylum and Immigration Chamber |
| url | https://www.mdpi.com/2075-471X/11/2/32 |
| work_keys_str_mv | AT johnrcampbell thejudicialassessmentofexpertevidenceintheunitedkingdomsimmigrationandasylumchamber AT johnrcampbell judicialassessmentofexpertevidenceintheunitedkingdomsimmigrationandasylumchamber |